Q: Seller failed to disclose notice of bringing property up to code at time of sell, can I seek monetary loss?
I purchased a property in 2013. Seller informed us that an addition to the property was added by previous owner (seller purchased property with addition) which was not permitted. Seller failed to mention that the city had given notice to property owner of obligation to bring addition up to code and I am just now finding out by the city that I will be cited if I don't bring property up to code. Can I seek monetary loss for this?
A: If the seller received a notice to bring the property up to code and failed to disclose that to you during the sale, yes, you can seek a monetary loss for this. Before talking to an attorney, however, review your sale file. You should have received a document filled out by the seller called a Transfer Disclosure Statement. Part II, Questions C(4) and C(5) ask specifically about additions without a permit or not in compliance with building codes and C(15) asks about citations against the property. Your seller's answers to these questions will be key.
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